OCEAN GARDEN, INC. v. MARKTRADE CO., INC.

No. 91-55218.

953 F.2d 500 (1991)

OCEAN GARDEN, INC., Plaintiff-counterdefendant-Appellee, v. MARKTRADE COMPANY, INC.; Alberto J. Soler, Defendants-counterclaimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 31, 1991.


Attorney(s) appearing for the Case

Harlan P. Huebner and Edouard V. Rosa, Huebner & Rosa, Los Angeles, Cal., R. Joseph Trojan, on brief, for defendants-counterclaimants-appellants.

Jeffrey M. Shohet, Anthony M. Stiegler, and Jeanne M. Malitz, Gary, Cary, Ames & Frye, San Diego, Cal., for plaintiff-counter-defendant-appellee.

Before SNEED, BEEZER and TROTT, Circuit Judges.


TROTT, Circuit Judge:

Ocean Garden Products ("OGP") was awarded a preliminary injunction preventing Marktrade, Inc. and Alberto Soler (collectively, "Marktrade") from imitating, copying, or making unauthorized use of OGP's trademarks or trade dress. Marktrade appeals the preliminary injunction. We affirm.

I

OGP markets canned fish and seafood products including Mexican abalone under the "Calmex" brand name. Marktrade markets similar products under...

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